Sy Jack Realty Co. v. Pergament Syosset Corp.

27 N.Y.2d 449 (1971)

Sy Jack Realty Co., Appellant,

v.

Pergament Syosset Corp., Respondent.

Court of Appeals of the State of New York.

Argued November 9, 1970.

Decided January 21, 1971.

Ira P. Block and Dennis H. Kops for appellant.

Gerald P. Halpern for respondent.

Judges BURKE, SCILEPPI, BERGAN and GIBSON concur with Chief Judge FULD; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge BREITEL concurs.

Chief Judge FULD.

The controversy having been submitted pursuant to CPLR 3222, the facts are not in dispute. The defendant Pergament Syosset Corp., a retailer, has occupied…